What are Portland’s basic laws on firearms possession?

Just like the Second Amendment protects all Americans’ right to bear arms, Oregon’s own Constitution has its own Oregon-specific protection, Article 1, Section 27. As always, however, there are a variety of Oregon laws that place various restrictions on firearms and other weapons.

The single most-important thing you should know about the use of firearms in Portland is that if you are convicted of a felony, and the government proves that you used or threatened to use a gun during the crime, Oregon law says you must be sentenced to a minimum of five years in prison. Oregon courts take guns very seriously.

Here is what you need to know at a glance:

No Permits, No Registration

You do not need a permit to purchase a gun, and you do not need to register your firearms with the government. Although many gun sales in Oregon take place at gun shops and gun shows, there is nothing illegal about buying a gun from another person while standing on a street corner.

Concealed Handguns

You are allowed to carry concealed firearms once you receive a concealed handgun license. In order to get such a license, you must fill out an application with the sheriff of your county of residence, and meet certain requirements, including:

At least 21 years old;

No outstanding arrest warrants

Must be able to demonstrate competence with a handgun through training or experience;

Do I have the same gun rights in Portland as in other places in Oregon?

The city of Portland, and several other nearby cities, have passed extra restrictions on possession of firearms. First, you cannot fire a gun within the city limits. Second, you may not carry a loaded firearm in a public place within the city limits, even while in a car. You can’t even carry a gun and that gun’s loaded magazine.

Oregon Weapons Crimes

When it comes to weapons offenses, there are a number of different crimes that a prosecutor in Portland might throw at you; some of them include:

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Crime

Description

Unlawful Use of a Weapon

Unlawfully using a deadly or dangerous weapon against someone; possessing such a weapon with intent to unlawfully use against someone; intentionally discharging a firearm at or in the direction of any person, structure or vehicle

Carrying a concealed weapon

Carrying a concealed switchblade, dagger, brass knuckles, etc.

Unlawful possession of firearms

Carrying a concealed gun without a permit

Felon in possession

Convicted felon owning, possessing or controlling a firearm

Unlawful possession of special weapons

Possessing a machine gun, a short-barreled rifle or shotgun, or a silencer

Alteration / Removal of Firearm ID

Changing or removing an identification number on a firearm for an unlawful purpose

Portland Weapons Crimes Punishments

Almost all weapons-related offenses in Oregon are felonies. This means that people convicted of such crimes may get different sentences based on the seriousness of the crime and the person’s criminal history. The likely sentence for most of the above-described crimes ranges from 90 days in jail up to two and a half years in prison.

How can a Portland criminal defense attorney protect me from a weapons conviction?

Weapons convictions can have major consequences. Not only could you spend years in prison and pay thousands of dollars in fines, the government may also be able to deem you an unfit parent and take away your kids; your boss may fire you and it may be very difficult to find a new job. And, of course, a weapons conviction will probably mean that the government will never again allow you to own or possess any firearms. If you have been accused of a weapons crime, get an experienced criminal defense lawyer right away.

Free Legal Consultations

At Portland Defender, we know how to defend good people accused of major crimes. We help our clients show that they aren’t criminals; when the police illegally search or take evidence, we get it thrown out of court; and when witnesses lie in court, we show the jury the truth. Our clients are people with lives, not just names and numbers. Our clients deserve full legal protection, and a criminal lawyer from Portland Defender can give you your best chance at hearing the words you want: “Not guilty.”Call us today for a free consultation, at (503) 592-0606, or email troy@portlanddefender.com.

Each person has a different case. So even though many of Portland Defender's clients hear those great words, "not guilty" or "case dismissed," any result that Portland Defender has achieved on behalf of one client in one matter does not automatically mean that similar results can be obtained for other clients or in other matters.